Software License Agreement For ROUTE 66 Sync

CONTRACTUAL PARTNER: In case you are a resident of Switzerland this is a legal agreement between you, the end user, and ROUTE 66 International GmbH, Poststrasse 5, 8808 Pfäffikon, Switzerland. In case you are NOT a resident of Switzerland this is a legal agreement between you, the end user, and ROUTE 66 Switzerland GmbH, Poststrasse 5, 8808 Pfäffikon, Switzerland. Both companies are referred to as "ROUTE 66".

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE ROUTE 66 SOFTWARE. BY USING THE ROUTE 66 SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE ROUTE 66 SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE ROUTE 66 SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK
"DISAGREE/DECLINE". FOR ROUTE 66 SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.

IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.

1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "ROUTE 66 Software") are licensed, not sold, to you by ROUTE 66 for use only under the terms of this License, and ROUTE 66 reserves all rights not expressly granted to you. The rights granted here in are limited to ROUTE 66's and its licensors' intellectual property rights in the ROUTE 66 Software and do not include any other patents or intellectual property rights. You own the media on which the ROUTE 66 Software is recorded but ROUTE 66 and/or ROUTE 66's licensor(s) retain ownership of the ROUTE 66 Software itself. The terms of this License will govern any software upgrades provided by ROUTE 66 that replace and/or supplement the original ROUTE 66 Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions. This License allows you to install and use the ROUTE 66 Software. The ROUTE 66 Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the ROUTE 66 Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the ROUTE 66 Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the ROUTE 66 Software or any part thereof. THE ROUTE 66 SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE ROUTE 66 SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer. You may not rent, lease, lend or sublicense the ROUTE 66 Software. You may, however, make a one-time permanent transfer of all of your license rights to the ROUTE 66 Software to another party, provided that: (a) the transfer must include all of the ROUTE 66 Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the ROUTE 66 Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the ROUTE 66 Software reads and agrees to accept the terms and conditions of this License.

4. Consent to Use of Data. You agree that ROUTE 66 and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the ROUTE 66 Software and to verify compliance with the terms of this License. ROUTE 66 may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. ROUTE 66 Store and other Services. This software enables access to ROUTE 66's ROUTE 66 Store which offers downloads of map content, tourist information, voices, location based information and other services (collectively and individually,
"Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services.

By using this software in connection with an ROUTE 66 Store account, you agree to the latest ROUTE 66 Store Terms of Use, Terms of Online Sales, Terms of Location Based Services, which you may access and review on the relevant pages of the ROUTE 66 Store.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that ROUTE 66 shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types and descriptions are provided for convenience, and you acknowledge and agree that ROUTE 66 does not guarantee their accuracy.

Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that ROUTE 66 is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. ROUTE 66 does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that ROUTE 66 is not in any way responsible for any such use by you.

You agree that the Services, including but not limited to graphics, map content, voices, tourist information, color schemes and editorial content, contain proprietary information and material that is owned by ROUTE 66 and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

ROUTE 66 and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will ROUTE 66 be liable for the removal of or disabling of access to any such Services. ROUTE 66 may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from ROUTE 66 if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the ROUTE 66 Software and destroy all copies, full or partial, of the ROUTE 66 Software.

7. Limited Warranty on Media. ROUTE 66 warrants the media on which the ROUTE 66 Software is recorded and delivered by ROUTE 66 to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at ROUTE 66's option, a refund of the purchase price of the product containing the ROUTE 66 Software or replacement of the ROUTE 66 Software which is returned to ROUTE 66 or an ROUTE 66 authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

8. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ROUTE 66 SOFTWARE (AS DEFINED
ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROUTE 66 SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROUTE 66 AND ROUTE 66'S LICENSORS (COLLECTIVELY REFERRED TO AS "ROUTE 66" FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ROUTE 66 SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROUTE 66 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ROUTE 66 SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE ROUTE 66 SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ROUTE 66 SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ROUTE 66 SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROUTE 66 OR AN ROUTE 66 AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ROUTE 66 SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ROUTE 66 BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ROUTE 66 SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ROUTE 66 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ROUTE 66's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

10. Export Control. You may not use or otherwise export or re-export the ROUTE 66 Software except as authorized
by Swiss law and the laws of the jurisdiction in which the ROUTE 66 Software was obtained. By using the ROUTE 66 Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by Swiss law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

11. Government End Users in the Unites States of America. The ROUTE 66 Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States of America.

12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Switzerland. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

13. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the ROUTE 66 Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use ROUTE 66's online store which will govern your use of such store and any Services you purchase through that store. No amendment to or modification of this License will be binding unless in writing and signed by ROUTE 66. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.